COMMERCIAL PROPOSAL
regarding the organization and conduct of independent professional expertise in the form of conformity assessment of the grounds for applying the negotiated procurement procedure or the grounds for purchasing goods (works or services) without open bidding and/or an electronic catalogue for procurement during the period of martial law (in the field of scientific-legal or comprehensive scientific expertise)
LIMITED LIABILITY COMPANY «INDEPENDENT PROFESSIONAL EXPERTISES» (IPE LLC), individual code of a legal entity: 43530289, Ukraine, 04053, Kyiv, Voznesenskyi Uzviz Street, 10-А, office 304, telephone: +38 067 412 30 47, nfe@nfe.org.ua
When it is necessary to confirm the existence of grounds for applying the negotiated procurement procedure in accordance with Article 40 of the Law of Ukraine “On Public Procurement” or for carrying out procurement of goods (works, services) without the use of open tenders and/or the electronic catalogue pursuant to point 13 of the Specific Features approved by Resolution of the Cabinet of Ministers of Ukraine No. 1178 dated 12.10.2022 — what should be done?
Whether to try to independently understand the specifics of applying and properly substantiating such grounds or to rely on the professional knowledge of scholars with relevant experience is up to you.
Whether to attempt to resolve the situation independently through negotiations with the counterparty or to defend your position in court is also your decision.
At the same time, it should be taken into account that an expert opinion provided by an authorized expert institution in accordance with its statutory powers, with the involvement of qualified experts possessing appropriate competence, is an important instrument for ensuring the substantiation and transparency of conducting procurement under a non-competitive procedure.
Moreover, according to judicial practice, an expert opinion is recognized as the sole and proper document for confirming the legality of applying a non-competitive procurement procedure (Resolution of the Supreme Court dated 19.12.2019 in case No. 910/17438/18).
IPE LLC:- has many years of experience in providing informal expert interpretations of legal or contractual provisions and issues relating to their application;
- is an inspection (conformity assessment) body in the field of: scientific and legal expertise, comprehensive scientific expertise, accredited in accordance with the requirements DSTU EN ISO/IEC 17020:2019 (EN ISO/IEC 17020:2012, IDT; ISO/IEC 17020:2012, IDT) and certified in accordance with the requirements:
ISO 9001:2015, IDT (DSTU ISO 9001:2015); ISO 37001:2016, IDT (DSTU ISO 37001:2018); DSTU ISO/IEC 27001:2023 (ISO/IEC 27001:2022, IDT).
PROFESSIONAL EXPERTS OF IPE LLC: - have professional qualifications confirmed by diplomas of Doctor/Candidate (Doctor of Philosophy) of Legal Sciences;
- have professional competence confirmed by numerous scientific works published in domestic professional journals and in publications indexed in international scientometric databases Google Scholar, Scopus and Web of Science, which demonstrates their knowledge in the relevant fields of legal science and their experience in conducting independent professional expertises.
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BY SEEKING EXPERTISE, YOU GET:- Expert opinion of highly qualified specialists who are competent to conduct independent professional expertises in the form of a conformity assessment on the relevant subject of research;
- High quality of expertise results, ensured by the implementation of international ISO standards;
- An individual approach to each task set by the customer of the expertise. A group of professional experts is appointed based on the need to apply knowledge in the relevant field of science in order to fully and comprehensively solve the task at hand;
- Informing about the progress and results of professional expertise. We keep in touch with the client to make sure we’re on the same page about the scope of the assessment and any other related stuff that comes up during the process;
- Efficiency. The duration of an independent professional expertise in the form of a conformity assessment depends on the subject of the study and the volume of documents that need to be analysed. Professional expertise can be conducted as: simple (up to 3-4 (3-5) working days), complex (more than 5(6) working days) and urgent (within a reasonable time necessary for its completion). The specified timeframes are applied in accordance with the field in which the examination is conducted, namely: scientific-legal or complex scientific examination, and are determined by the process map;
- Clear, regulated actions for organising and conducting expertises.
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RELIABILITY GUARANTEES:- Protection of the interests of the customer of the examination and third parties in the event of damage caused by the performance of professional duties (Expert opinion). Provided by the Professional Liability Insurance Agreement.
- Compliance with confidentiality. Provided by the Declaration of Confidentiality of Information, in accordance with the requirements of DSTU EN ISO/IEC 17020:2019 (EN ISO/IEC 17020:2012, IDT; ISO/IEC 17020:2012, IDT).
- Practical application. Submitting a scientific opinion to the court as evidence of the objectivity of the grounds for the claims is considered a reasoned written explanation by the party (Resolution of the Joint Chamber of the Commercial Court of Cassation of the Supreme Court dated 03.11.2023 in case No. 918/686/21). The customer ordering the expert opinion is able to make appropriate decisions independently or together with the counterparty, taking into account the expert opinion.
- Productive cooperation. The presence of letters of thanks and feedback from customers grateful for fruitful cooperation and professional actions in solving the tasks set.
- Competence and professionalism. It is backed by the professional qualifications and expertise of professional experts, as well as many years of experience in the market of providing services for the organisation and conduct of independent professional expertises.
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| COST OF INDEPENDENT PROFESSIONAL EXPERTISE determined on a contractual basis and formed depending on several factors: - categories of expertise (standard, urgent, complex, simple);
- the cost of one expert hour, determined in accordance with the established procedure for the current year;
- overhead costs of IPE LLC, costs for payment of taxes established by the legislation of Ukraine.
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We hope to see you among our customers and are confident that cooperation with IPE LLC will combine a high level of professionalism, strategic effectiveness and optimal use of resources to achieve the best results, and will be pleasant, constructive, effective and economically beneficial.
